Dialysate and Dialysis Product Safety

2025-2026 Bill 737: Dialysate and Dialysis Product Safety - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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S. 737
STATUS INFORMATION
General Bill
Sponsors: Senator Kennedy
Companion/Similar bill(s): 4742
Document Path: SR-0084CEM26.docx
Introduced in the Senate on January 13, 2026
Currently residing in the Senate
Summary: Dialysate and Dialysis Product Safety
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/10/2025

Senate

Prefiled

12/10/2025

Senate

Referred to Committee on
Judiciary

1/13/2026

Senate

Introduced and read first time (
Senate Journal-page 37
)

1/13/2026

Senate

Referred to Committee on
Judiciary
(
Senate Journal-page 37
)

1/14/2026

Scrivener's error corrected

1/21/2026

Scrivener's error corrected

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/10/2025
01/14/2026
01/21/2026

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION
15-73-10
, RELATING TO LIABILITY OF SELLER FOR DEFECTIVE PRODUCT, SO AS
TO INCLUDE CHINESE-MADE DIALYSATE OR DIALYSIS PRODUCTS ARE PER SE DEEMED TO BE
IN A DEFECTIVE CONDITION AND UNREASONABLY DANGEROUS; BY ADDING SECTION
39-24-70

SO AS TO MAKE IT UNLAWFUL TO SUBSTITUTE WITH CHINESE-MADE PRODUCTS; AND BY
ADDING SECTION
44-53-60
SO AS TO MAKE IT UNLAWFUL FOR DIALYSATE OR DIALYSIS
PRODUCT TO BE FROM CHINA OR TO CONTAIN ALUMINUM.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
S
ection
15-73-10
of the S.C. Code is amended to read:

S
ection
15-73-10
.
(
1) One who sells any
product in a defective condition unreasonably dangerous to the user or consumer
or to his property is subject to liability for physical harm caused to the
ultimate user or consumer, or to his property, if
:

(
a)

The
the
seller is
engaged in the business of selling such a product
,
;
and

(
b)

It
it
is expected to and
does reach the user or consumer without substantial change in the condition in
which it is sold.

(
2)
The rule stated in subsection (1) shall apply although
:

(
a)

The
the
seller has
exercised all possible care in the preparation and sale of his product
,
;
and

(
b)

The
the
user or consumer
has not bought the product from or entered into any contractual relation with
the seller.

(
3) For the purposes of this section, a
dialysate or dialysis product that has been manufactured in China and
substituted in place of a product manufactured in the United States of America,
or a dialysate or dialysis product containing any aluminum, shall be deemed per
se in a defective condition and unreasonably dangerous.

S
ECTION 2.
C
hapter 24, Title 39 of the S.C. Code is amended by
adding:

S
ection
39-24-70
. It shall be unlawful for a practitioner to substitute a dialysate
or dialysis product with one that has been manufactured in China or contains
aluminum or other heavy metals within it for a patient who is under the age of
twenty-one years old.

S
ECTION 3.
C
hapter 53, Title 44 of the S.C. Code is amended by
adding:

S
ection
44-53-60
.
(
A) A person shall not
knowingly use, sell, prescribe, or distribute a dialysate or dialysis product from
China or containing any aluminum within it to a patient under the age of twenty-one
years of age.

(
B) The
Department of Public shall promulgate regulations to administer and enforce the
provisions of this section.

(
C) A
person who knowingly sells, prescribes, or distributes a product in violation
of this section is guilty of a misdemeanor, and upon conviction, must be fined
not more than five thousand dollars or imprisoned not more than one year. Each
unlawful sale constitutes a separate violation.

S
ECTION 4. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on January 21, 2026 at 2:11 PM